HomeMy WebLinkAboutMinutes - City Council - Regular - 11/14/2002CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
NOVEMBER 14, 2002
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 14th
day of November, 2002, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:30 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Council Member Gary O. Boren; Council
Member Alex "Ty" Cooke, Council Member Tom Martin, Council
Member Frank W. Morrison, Council Member T.J. Patterson
Absent: Council Member Hernandez
CITIZEN COMMENTS
Citizens expressing comments to the Council were:
( 1.) Kelly Hurst, Hurst Farm Supply, had asked to address City Council
regarding BID #221-02/RS for farm equipment, but was not present.
( IA.) Carl Bagwell, 2601 — 241h Street, spoke to Council concerning his
property.
EXECUTIVE SESSION
Mayor McDougal stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Attorney; City Manager, City Secretary); to
deliberate, vote and take final action on electric rates of Lubbock Power
and Light (Electric Utilities); to discuss and deliberate a competitive
matter regarding the strategies, goals, funding and strategic purpose of the
City of Lubbock's relationship with and membership in the West Texas
Municipal Power Agency (Electric Utilities); pending or contemplated
litigation (Business & Neighborhood Development; Police Department;
Water Utilities); personnel matters regarding duties, responsibilities,
and/or appointments (Boards and Commissions); and to deliberate the
purchase, exchange, lease, or value of real property (Water Utilities).
7:41 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Council Member
Hernandez.
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West
Texas Municipal Power Agency.
( 4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Business & Neighborhood Development; Police
Department; Water Utilities).
Regular City Council Meeting
November 14, 2002
Page 382
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Citizens Advisory Committee & Subcommittees
Emergency Communications District Board of Managers
West Texas Municipal Power Agency
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Water Utilities).
10:10 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council
Member Alex "Ty" Cooke, Council Member Tom Martin, Council
Member Frank W. Morrison, Council Member T. J. Patterson; Bob
Cass, City Manager; Anita Burgess, City Attorney; and Rebecca
Garza, City Secretary
Absent: Council Member Hernandez
Mayor McDougal called the meeting to order at 10:10 A. M.
(7.) Invocation by Mr. Gabe Gillespie, Youth Minister, Vandelia Church
of Christ
(8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENTS RECOGNITION
Civic Lubbock, Inc.
Receiving: Dan Burns
CITIZENS APPEARANCES
(9.) Presentation of a Special Recognition and the Extra Mile Award — In
Service to Those with Disabilities to Alison Chapa for her outstanding
community service.
The Community Relations Commission hosted the Extra Mile Awards on
October 25, 2002. The Extra Mile Awards are given annually to recognize
deserving people in Lubbock who exemplify the ideal of promoting
respect and opportunity throughout our city. This year's Extra Mile Award
winners are: Humanitarian —Individual: Vince Fell; Humanitarian —
Business: CBI -George Campbell; In Service to the Aging Community:
Mary Ann Johnson; In Service to Those with Disabilities: Alison Chapa;
In Service to Those with Disabilities: Sue Ann Hansford; and Women
Who Volunteer: Jackie Williams.
Ms. Alison Chapa was unable to attend the Awards Banquet, but was
present today to accept her award and special recognition for her service to
people in our community with disabilities. Alison is a Pediatric
Occupational Therapist for children with disabilities, volunteers with the
Open Arms Ministry for Children with Physical Disabilities, and is a
member of the Caprock Ambucs. Because of her compassion for children,
she initiated the HUB City Playground Project — a new playground
opening in 2003 in Maxey Park to serve the physically challenged in the
community.
Also present was Susan Poff, a member of Community Relations
Commission.
The first item considered was Item 46.
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Page 383
CONSENT AGENDA (Nos. 10-38)
These items were considered following Item 46.
Motion was made by Council Member Patterson, seconded by Council
Member Cooke to approve Item Nos. 10-38 on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(10.) Approval of Minutes: October 10, 2002
Regular City Council Meeting
October 24, 2002
Regular City Council Meeting
(11.) ORDINANCE #2002-00112—Amending Article III of Chapter 6 of
the Code of Ordinances of the City of Lubbock with regard to
adopting the 2000 Edition of the International Energy Conservation
Code and providing for certain amendments to such code in order to
meet local conditions (second and final reading).
ORDINANCE NO.2002-00112
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 6 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY
CONSERVATION CODE AND PROVIDING FOR CERTAIN AMENDMENTS TO
SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
(12.) ORDINANCE #2002-00113—Amending Article VI of Chapter 6 of
the Code of Ordinances of the City of Lubbock by adding Chapter 11
of the 2000 Edition of the International Residential Code with regards
to the energy efficiency and establishing a board of appeals and
providing for certain amendments in order to meet local conditions
(second and final reading).
ORDINANCE NO.2002-00113
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 6 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING CHAPTER
11 OF THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE
WITH REGARDS TO THE ENERGY EFFICIENCY AND ESTABLISHING A
BOARD OF APPEALS AND PROVIDING FOR CERTAIN AMENDMENTS IN
ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. THIS
ORDINANCE SHALL TAKE PRECEDENT OVER ALL OTHER PORTIONS OF
CHAPTER 6 IN REGARD TO ONE AND TWO FAMILY DWELLINGS EXCEPT
FOR THE ADMINISTRATIVE PROVISIONS.
(13.) ORDINANCE #2002-00114—Amending Article XVII of Chapter 2 of
the Code of Ordinances of the City of Lubbock with regard to the
duties of the Building Official; amending Article V of Chapter 6 with
regard to adopting the 2002 Edition of the National Electrical Code;
establishing fees; providing for certain amendments to such code in
order to meet local conditions (second and final reading).
ORDINANCE NO. 2002-00114
AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD
TO THE DUTIES OF THE BUILDING OFFICIAL; AMENDING ARTICLE V OF
CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO ADOPTING THE 2002 EDITION OF THE NATIONAL
ELECTRICAL CODE; ESTABLISHING FEES; PROVIDING FOR CERTAIN
AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
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(14.) ORDINANCE #2002-00115—Amending Section 16-175.1 of the Code
of Ordinances of the City of Lubbock regarding speed limits (second
and final reading).
ORDINANCE NO. 2002-00115
AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
ESTABLISHMENT OF SPEED LIMITS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION.
(15.) ORDINANCE #2002-00116—Abandoning and closing a drainage
easement in Tract 1, Jarvis -Williamson Addition to the City, of
Lubbock (6201 Martin Luther King, Jr., Boulevard) (second and final
reading).
ORDINANCE NO.2002-00116
AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT
LOCATED IN TRACT 1, JARVIS-WILLIAMSON ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
(16.) ORDINANCE #2002-00117—ZONE CASE NO.2949 (102 FM 2641):
Request of Ernesto and Reyes Cantu for a zoning change from R-1 to
C-2 on the east 173.17 feet of Block 5, Teal Addition (second and final
reading).
ORDINANCE NO. 2002-00117
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2949; A ZONING CHANGE FROM R-1 TO C-2
ZONING ON THE EAST 173.17 FEET OF BLOCK 5, TEAL ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(17.) ORDINANCE #2002-00118—ZONE CASE NO. 1153-M (5211
Brownfield Highway): Request of CoNetrix/Marvin Crossnoe (for
City Bank/Cory Newsom) for a zoning change from IHC to IHC
Specific Use for a 190-foot communications tower on Tract 2 of Lot C,
Security Park Development Addition (second and final reading).
ORDINANCE NO. 2002-00118
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1153-M; A ZONING CHANGE FROM IHC TO IHC
SPECIFIC USE FOR A 190 FOOT COMMUNICATIONS TOWER, ZONING ON
TRACT 2 OF LOT C, SECURITY PARK DEVELOPMENT ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(18.) ORDINANCE #2002-00119—ZONE CASE NO. 1834-B (northeast
corner of Frankford Avenue and Erskine Street): Request of Hugo
Reed & Associates (for Lieven Van Riet) for a zoning change from
C-2 and A-1 to R-2 and C-2 on an unplatted 2.15-acre tract of land
(proposed C-2) and an unplatted 6.37-acre tract of land (proposed
R-2) out of Section 6, Block J-5 (second and final reading).
ORDINANCE NO. 2002-00119
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1834-B; A ZONING CHANGE FROM C-2 AND A-1
TO R-2 AND C-2 ZONING ON AN UNPLATTED 2.15-ACRE TRACT OF LAND
AND AN UNPLATTED 6.37-ACRE TRACT OF LAND OUT OF SECTION 6,
Regular City Council Meeting
November 14, 2002
Page 385
BLOCK J-5, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(19.) ORDINANCE #2002-00120—ZONE CASE NO. 2950 (south of
Erskine Street and east of Chicago Avenue): Request of Hugo Reed
and Associates, Inc. (for Erdon Development) for a zoning change
from R-1 to R-2 Specific Use for duplexes with 20-foot front setbacks,
5-foot front setbacks, on cul-de-sac lots, and 5-foot side setbacks on
corner lots on an unplatted 25.9-acre tract of land out of Section 1,
Block J-S (second and final reading).
ORDINANCE NO. 2002-00120
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2950; A ZONING CHANGE FROM R-1 TO R-2
SPECIFIC USE ZONING FOR DUPLEXES, ON AN UNPLATTED 25.9-ACRE
TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
(20.) ORDINANCE #2002-00121—ZONE CASE NO. 2951 (southeast
corner of 1091h Street and Frankford Avenue): Request of Hugo Reed
and Associates, Inc. (for Rothwell Development, Ltd.) for a zoning
change from T to A-2 limited to church and church -related uses on an
unplatted 31.3-acre tract out of Section 21, Block AR (second and
final reading).
ORDINANCE NO.2002-00121
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2951; A ZONING CHANGE FROM T TO A-2
ZONING LIMITED TO CHURCH USES,ON AN UNPLATTED 31.3-ACRE TRACT
OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(21.) Ordinance No. 2002-00124 abandoning and closing a 20-foot alley in
Block 228, Original Town Addition to the City of Lubbock (1110 19"
Street) (first reading).
ORDINANCE NO. 2002-00124
AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT ALLEY
LOCATED IN BLOCK 228, ORIGINAL TOWN ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 20-foot alley in Block 228 of the
Original Town Addition for Alderson Cadillac. This alley is located south
of 181h Street, north of 19th Street, and between Avenue J and Avenue K.
The alley is being closed for replat and building expansion purposes.
Alderson Cadillac will be charged for this alley and the charge will be as
follows: 6,124 square feet X $2.00 per square foot = $12,248 X 50%
(alley will remain as an easement) = $6,124. All utilities and City
Departments are in agreement with this closure.
Right -of -Way Department recommended approval of the first reading of
this ordinance.
(22.) Resolution No. 2002-RO477 authorizing the Mayor to execute a
monitor well permit with Ince Oil Company for a street right-of-way
monitor well (6702 19th Street).
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RESOLUTION NO.2002-RO477
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or
City Public Grounds Monitor Well Permit, with associated documents, between the City
of Lubbock and Rip Griffin Truck Service Center, Inc. Said agreements are attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Agreements is filed with Resolution No. 2002-R0477.
This monitor well permit allows Llano -Permian Environmental to drill a
ground water monitor well in City street right-of-way. This well is located
north of 19th Street approximately 130-feet in the west right-of-way of
Oakridge Avenue (west of Milwaukee Avenue). The former Ince Oil
Company station at 6606 19th Street had a subsurface hydrocarbon
contamination and TCEQ requested that they go off site with a monitor
well in addition to what they have already drilled on their property. This
permit is for 20 years, payable every 5 years in advance. All utilities are in
agreement and the City will receive $100 per year for this monitor well
location.
Right -of -Way Department recommended approval of this resolution.
(23.) Resolution No. 2002-RO478 authorizing the Mayor to execute a
monitor well permit with Rip Griffin Truck Service Center, Inc., for a
street right-of-way monitor well (1914 Avenue G).
RESOLUTION NO.2002-RO478
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or
City Public Grounds Monitor Well Permit, with associated documents, between the City
of Lubbock and Rip Griffin Truck Service Center, Inc. Said agreements are attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Regular City Council Meeting
November 14, 2002
Page 387
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Agreements is filed with Resolution No. 2002-R0478.
This monitor well permit allows Daniel B. Stephen & Associates, Inc. to
drill a ground water monitor well in City street right-of-way. This well is
located at 19`h & Avenue G, 146.5 feet south of the curb on 19`h Street in
the west right-of-way of Avenue G. The former Scoggin-Dickey Buick
car dealership at 1919 Texas Avenue had a subsurface hydrocarbon
contamination and TCEQ requested that they go off site with a monitor
well in addition to what they have already drilled on their property. This
permit is for 20 years, payable every 5 years in advance. All utilities are in
agreement and the City will receive $100 per year for this monitor well
location.
Right -of -Way Department recommended approval of this resolution.
(24.) Resolution No. 2002-RO479 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development Funding Contract and all related documents between
the City of Lubbock and the Lubbock Heritage Society from the
Community Development Block Grant.
RESOLUTION NO. 2002-RO479
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Community Development
Funding Contract, by and between the City of Lubbock and Lubbock Heritage Society for
preservation of a Historical Home from the Community Development Block Grant
Program and all related documents. Said Agreements is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 388
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0479.
Grantee: Lubbock Heritage Society
Program: Legacy House (Historical Preservation/Housing Rehab.)
Funding Source: 2002-2003 Community Development Block Grant
Use of Funds: Funds will be used to preserve a Historical Home by
moving it to a lot owned by the Society, renovating the home, and selling
it to a low to moderate -income family. The renovation will preserve the
historical aspects of the home.
Amount: $70,000
Match: 25%
Return of Investment: Heritage Society will deed the property to
Community Development upon completion of the renovation to sell to a
low to moderate -income family. Sale proceeds will return to Community
Development.
Terms: October 1, 2002 through September 30, 2003
Comments: Funding for this contract was approved by City Council at
the June 27, 2002 City Council meeting. The contract is available for
review in the City Secretary's Office.
Community Development recommended approval of this resolution.
(25.) Resolution No. 2002-RO480 authorizing the Mayor of the City of
Lubbock to execute for and on behalf of the City of Lubbock an
agreement with the High Plains Underground Water Conservation
District (HPUWCD) to participate in the Central Business District
Tax Increment Finance Reinvestment Zone (TIF).
RESOLUTION NO.2002-RO480
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement with the High
Plains Underground Water Conservation District to participate in the Central Business
District Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
Regular City Council Meeting
November 14, 2002
Page 389
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Director of Planning
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2002-R0480.
Staff has made presentations explaining the benefits of the Central
Business District TIF to all of the participating taxing entities. The
Interlocal Agreement illustrates HPUWCD's desire to participate at 100%
for twenty years in the Central Business District TIF Reinvestment Zone.
Staff recommended approval of this resolution.
(26.) Resolution No. 2002-RO481 authorizing the Mayor of the City of
Lubbock to execute for and on behalf of the City of Lubbock an
agreement with Lubbock County to participate in the Central
Business District Tax Increment Finance Reinvestment Zone (TIF).
RESOLUTION NO. 2002-RO481
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement with the
Lubbock County to participate in the Lubbock Central Business District Tax Increment
Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Director of Planning
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2002-RO481.
Staff has made presentations explaining the benefits of the Central
Business District TIF to all of the participating taxing entities. The
Interlocal Agreement illustrates Lubbock County's desire to participate at
100% for twenty years in the Central Business District TIF Reinvestment
Zone.
Staff recommended approval of this resolution.
RM
Regular City Council Meeting
November 14, 2002
Page 390
(27.) Resolution No. 2002-RO482 authorizing the Mayor of the City of
Lubbock to execute for and on behalf of the City of Lubbock an
agreement with the Hospital District to participate in the Central
Business District Tax Increment Finance Reinvestment Zone (TIF).
RESOLUTION NO.2002-RO482
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement with the
Hospital District to participate in the Lubbock Central Business District Tax Increment
Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Director of Planning
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2002-R0482.
Staff has made presentations explaining the benefits of the Central
Business District TIF to all of the participating taxing entities. The
Interlocal Agreement illustrates the Hospital District's desire to participate
at 100% for twenty years in the Central Business District TIF
Reinvestment Zone.
Staff recommended approval of this resolution.
(28.) Resolution No. 2002-RO483 to update prevailing wage rates for locally
funded public works contracts.
RESOLUTION NO.2002-RO483
WHEREAS, the City Council has heretofore established the general prevailing
rate of per diem wages for each craft or type of workmen or mechanics needed to execute
public works contracts for the City of Lubbock in accordance with the provisions of
Vernon's Ann. Civ. Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719 enacted
February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, further
updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution
No. 5721 enacted March 14, 1996, amended by Resolution No. 6138 enacted December
16, 1998; and further updated by Resolution No. 6262 enacted April 8, 1999; and
WHEREAS, such rates need to be updated at the present time in order to reflect
the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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THAT the general prevailing rate of per diem wages for public works contracts
shall be as set forth in the following named exhibits, which exhibits shall be attached
hereto and made a part hereof for all intents and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
Exhibit C: Overtime Rate
Exhibit D: Legal Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing rate of per
diem wages in all localities where public works are undertaken on behalf of the City of
Lubbock and such wage rates shall be included in all public works contracts as provided
by law.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary House
Mary House, Managing Director of
Human Resources
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Exhibits is filed with Resolution No. 2002-R0483.
State law requires that the City Council establish general prevailing wage
rates for public works contracts funded with local funds. Prevailing wage
rates were established by the City Council in 1981, and were updated in
1984, 1987, 1996 and 1999.
The Human Resources Department mailed survey questionnaires to 132
local contractors and/or labor organizations. Questionnaires with salary
information were received from 33 respondents. The number of
questionnaires that were returned is consistent with previous surveys.
Local wage information was compared with similar data prepared by the
U.S. Department of Labor. Preliminary local wage rates were prepared by
Human Resources staff and jointly reviewed with staff from the Facilities
Management, Street, and Purchasing departments. The changes that these
departments recommended were incorporated into the proposed rates. The
Facilities Management and Streets Departments administer the majority of
contracts subject to these local wage rates.
The proposed prevailing wage rates must be included in City bids and
contracts for public works projects that are not federally funded. Each
wage rate is the minimum rate that a contractor must pay to an employee
in that particular job. Contractors are free to pay wages above these rates.
The proposed prevailing wage rates schedules were presented in Council
back up.
Staff recommended approval of this resolution.
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Page 392
(29.) Resolution No. 2002-RO484 authorizing the Mayor to execute for and
on behalf of the City of Lubbock a Contract Amendment #1 for AE
Services with Parkhill, Smith & Cooper, Inc. for Police Department
renovations Phase III-B and the Municipal Courts renovations Phase
II.
RESOLUTION NO.2002-RO484
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the
Contract for AE Services for Police Department Renovations Phase III-B and the
Municipal Courts Renovations Phase II, between the City of Lubbock and Parkhill, Smith
& Cooper, Inc. of Lubbock, Texas, and related documents. Said Amendment No. 1 is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harland D. Stauffer 11 /01 /02
Harlan D. Stauffer, Facilities Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of Amendment No.I is filed with Resolution No. 2002-R0484.
A resolution was approved on June 25, 1998 by City Council to execute an
Architectural Services Agreement with Parkhill, Smith & Cooper, Inc. for
the Municipal Square Building Survey and Record Plan CADD format,
Master Planning Services and Architectural and Engineering Services for
Phase I Renovations of the Police Department. The original contract
amount was $116,111.
This next phase of the Municipal Square renovations will involve the
development of plans and specification for Revised Master Plan and
Programmatic Review of the facility. Since the original master plan was
developed, verification is required to determine if the original plan is still
valid.
The plans and specifications will be developed for the Police Department
Investigation Division. This area was vacated when the Police
Administration relocated to their new area. Also included with this
Amendment will be the development of the plans and specifications for
the Crimes against Persons Division. The renovations for this division
will be where the Parks and LP&L Engineering Departments vacated.
The last plans and specifications developed under this amendment will be
the next Phase of the Municipal Courts Renovations. This first floor
courtroom will be renovated to accommodate the Teen Court staff.
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Page 393
The total proposed fees for this amendment for the next phase of plans and
specification development for the Municipal Square Renovations is
$127,473.
Facilities Management, the Police Department and the Municipal Court
Judge all recommended approval of the Service Contract Amendment One
submitted by Parkhill, Smith & Cooper, Inc. This recommendation is
based on past work experience and the extensive knowledge Parkhill,
Smith & Cooper, Inc. has on this facility.
(30.) Resolution No. 2002-RO485 authorizing the Mayor to execute an
Interlocal Agreement with Lubbock Independent School District and
Lubbock County for support of the Specialized Treatment and
Rehabilitation (STAR) program.
RESOLUTION NO.2002-RO485
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for
the Specialized Treatment and Rehabilitation (STAR) project, by and between the City of
Lubbock, Lubbock Independent School District, and Lubbock County, Texas, and related
documents. Said Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harold Dominguez
Harold Dominguez
Assistant to the City Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0485.
In 1994-95, the City Council entered into an agreement with the Lubbock
Independent School District (LISD) and Lubbock County to jointly fund
the Specialized Treatment and Rehabilitation (STAR) Program. The
original agreement expired in September 1998, and the City has
subsequently signed a new contract each year since the expiration of the
original contract.
The STAR program is a cooperative venture of LISD, the City of
Lubbock, and the Lubbock County Youth Center. STAR is a progressive
disciplinary and alternative education program for Lubbock County youth.
There is not a State mandate that requires LISD or the County to operate a
STAR program. However, the 1995 HB 1 mandates that the County
provide the Juvenile Justice Alternative Education Program (JJAEP) for
juveniles that commit felonies. The Texas Education Agency mandates
Project Intercept and JJAEP for school districts.
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The STAR Program consists of four levels of disciplinary action (STAR I -
IV).
• STAR I is a one -day, 13-hour program. Referrals to this program
can come from Municipal Court, Justice of the Peace, or the school
district.
*STAR I will be abolished at the beginning of the next fiscal year.
• STAR II is a two -week, 6-days a week, program which, includes
eight hours of community service on the weekend. Referrals may
come from Justice of the Peace, Municipal Court, or the school
district.
• STAR III is a six -week program, with six weeks of aftercare,
which includes contact with the juvenile twice a week.
Community service is required during the program and during the
aftercare. Referrals may come from Municipal Court, Justice of
the Peace, or the school district. However, they primarily come
from the school district and the various County agencies.
• STAR IV is a twelve -week program, with twelve weeks of
aftercare, which includes contact with the juvenile twice a week.
STAR IV is used in lieu of LCJJC or TYC. Referrals for this
program come from District Court.
STAR Referrals
Overall, there are 344 juveniles in the STAR Program. Of the 344
juveniles, 40% are referred by the school district, 30% are referred by
Municipal Court, the County refers 23%, and 7% are referred by District
Court.
Completion and Recidivism Rates
The STAR Program has an 86% completion rate. The recidivism rate is
19%, while 81 % have no further offenses reported.
Performance Measures
Quarterly performance statistics will be provided to the city staff for
evaluation. City staff and the STAR representatives have developed
performance measures that will more accurately assess the effectiveness of
the program.
Cost of STAR Program
The contract states that the City, LISD, and the County will each
contribute $132,372, less one-third of the 2002 STAR Program fund
balance. However, since LISD and the County signed the contract, the
County is estimating that the actual cost for each entity will be
$129,594.34, less one-third of the fund balance. The fund balance for
fiscal year 2001-2002 is $73,103, which means that the City's portion of
the program is $105,226.67. The STAR administration must replace a
passenger van and they have requested to use a portion of the fund balance
to replace the van. Therefore, the City's portion of the STAR program
would be $114,000.
Staff recommended funding for this fiscal year and allowing STAR staff
to replace the passenger van. Currently, the condition of the van is posing
a safety hazard for staff and the program participants. Staff budgeted
$121,000 for the STAR program and would realize a $7,000 savings.
(31.) Resolution No. 2002-R0486 authorizing the Mayor to ratify the City
Manager's approval of the West Texas Municipal Power Agency
letter agreement regarding taking custody of their documents for
audit purposes.
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November 14, 2002
Page 395
RESOLUTION NO.2002-RO486
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to ratify the City Manager's approval of the West Texas Municipal Power
Agency's letter agreement with regard to the City of Lubbock's assumption of custody of
the West Texas Municipal Power Agency's documents for purposes of conducting an
audit. Said Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0486.
The West Texas Municipal Power Agency passed a resolution authorizing
the City of Lubbock to have custody of West Texas Municipal Power
Agency documentation in order to conduct an audit. The City Manager
has signed the agreement in order to expedite the audit and this action will
ratify the City Manager's acceptance of the West Texas Municipal Power
Agency documents.
The West Texas Municipal Power Agency will continue to have access to
the documents as needed, and the City of Lubbock will ensure that the
documents are safeguarded.
The City Manager recommended approval of this resolution.
(32.) Resolution No. 2002-R0487/BID #205-02/RS—for Refuse Trucks
(Fleet Services).
RESOLUTION NO.2002-RO487
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for refuse
trucks, by and between the City of Lubbock and Lubbock Truck Sales of Lubbock, Texas
and related documents. Said Purchase Order is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
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November 14, 2002
Page 396
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0487.
This bid is for the purchase of seven 33-cubic yards side loading packer
bodies mounted on a three -axle truck cab and chassis and one roll off
container frame assembly mounted on a three -axle truck cab and chassis.
These trucks will be used by the Solid Waste Department. The
replacement of these trucks should reduce the maintenance costs that are
involved in maintaining the older trucks. Five of Item 1 shown on the tab
sheet in council back up include an extended warranty and two include an
extended warranty, an auxiliary axle, auxiliary axle tires, and an on -board
scale.
The low bid for all items is $962,455 from Lubbock Truck Sales, Inc. of
Lubbock, Texas and is within the Capital Outlay -Heavy Equipment
Replacement budget.
(33.) Resolution No. 2002-R0488/BID #208-02/RS—for Street Sweeper
(Fleet Services).
RESOLUTION NO.2002-RO488
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a street
sweeper, by and between the City of Lubbock and Tejas Municipal Supply, Inc. of
Lubbock, Texas and related documents. Said Purchase Order is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 397
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0488.
This bid is for the purchase of two four-wheel high dump street sweepers
for the Street Department. The replacement of this equipment should
eliminate the maintenance costs that are involved in maintaining the older
equipment.
The low bid is $283,236 from Tejas Municipal Supply Inc. of Houston,
Texas and is within the Capital Outlay -Heavy Equipment Replacement
budget.
(34.) Resolution No. 2002-R0489/BID #211-02/RS—for Animal Collection
Vehicle Control Cages (Fleet Services).
RESOLUTION NO.2002-RO489
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for
animal collection vehicle control cages, by and between the City of Lubbock and
Mavron, Inc. of Warsaw, Indiana and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCD DUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/ Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0489.
This bid is for the purchase of three sets of animal control cages to be
installed in vans for the Animal Services Department.
The low bid is $32,475 from Mavron, Inc. of Warsaw, Indiana and is
within the Capital Outlay -General Fund Vehicle Replacement budget.
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Page 398
(35.) Resolution No. 2002-110490/13I1) #220-02/RS—for Lubbock Power and
Light Engineering Facility Roof Renovations (Facilities Management).
RESOLUTION NO.2002-RO490
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for Lubbock
Power and Light engineering facility roof renovations, by and between the City of
Lubbock and Hamilton Roofing of Lubbock, Texas and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/ Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 14th day of November, 2002, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and HAMILTON ROOFING COMPANY, of the City of LUBBOCK, County
of LUBBOCK, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #220-02/RS - LP&L ENGINEERING FACILITY ROOF RENOVATION - -
$32,729.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the _
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
Regular City Council Meeting
November 14, 2002
Page 399
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER) HAMILTON ROOFING COMPANY
By: Marc McDougal By: /s/ Louis W. Howell, II
Mayor
PRINTED NAME: Louis W. Howell, II
ATTEST: TITLE: Vice President
/s/ Rebecca Garza COMPLETE ADDRESS:
HAMILTON ROOFING COMPANY
P. O. Box 2703
APPROVED AS TO CONTENT: Lubbock, TX 79408
/s/ Harlan D. Stauffeur ATTEST:
Owner's Representative
Monte Chitwood
APPROVED AS TO FORM: Corporate Secretary
/s/ Don Vandiver
City Attorney
This project involves the removal of the existing built-up roof system at
the newly remodeled LP&L Engineering Facility located at the Municipal
Hill Complex. A new modified roof system will be installed. The existing
roofing system has numerous leaks and has outlived its useful life.
The low bid is $32,729 from Hamilton Roofing Company of Lubbock,
Texas and is within the Building Capital Outlay -Remodel Facility -
Engineering Section budget.
(36.) Resolution No. 2002-R0491; Resolution No. 2002-R0492; Resolution
No. 2002-R0493; and Resolution No. 2002-R0494/BID #221-02/RS—
for Farm and Heavy Equipment (Fleet Services).
RESOLUTION NO.2002-RO491
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for farm
and heavy equipment, by and between the City of Lubbock and Abilene New Holland of
Abilene, Texas and related documents. Said Purchase Order is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
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Page 400
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/ Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-RO491.
RESOLUTION NO.2002-RO492
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for farm
and heavy equipment, by and between the City of Lubbock and Hurst Farm Supply of
Lubbock, Texas and related documents. Said Purchase Order is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/ Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0492.
RESOLUTION NO.2002-RO493
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for farm
and heavy equipment, by and between the City of Lubbock and Scott Tractor &
Equipment Company of Lubbock, Texas and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
Regular City Council Meeting
November 14, 2002
Page 401
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/ Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0493.
RESOLUTION NO. 2002-RO494
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for
farm and heavy equipment, by and between the City of Lubbock and JMS Equipment
Company of Plainview, Texas and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0494.
This bid is for the purchase of two round balers, two 125 horsepower
motor graders, one pull type scraper, one 102 horsepower tractor, one 375
horsepower tractor, one 125 horsepower tractor with extended warranty,
and one self-propelled swather for the Land Application Site.
Pursuant to Texas Local Government Code 271.905(b), in purchasing real
property or personal property that is not affixed to real property, if the City
receives one or more bids from a bidder whose principal place of business
is in the City of Lubbock and whose bid is within 3% of the lowest bid
price received by the City from a bidder who is not a resident of the City
of Lubbock, the City may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the City of
Lubbock, if the City Council determines, in writing, that the local
bidder offers the City the best combination of contract price and
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Regular City Council Meeting
November 14, 2002
Page 402
additional economic development opportunities for the City of
Lubbock created by the contract award, including the employment
of residents of the City of Lubbock and increased tax revenues to
the City of Lubbock.
In order to receive consideration of the location of the bidder's principal
place of business for bid award, bidders are required to submit an
Affidavit of Eligibility. The $208,660 bid from Scott Tractor & Equipment
of Lubbock, Texas for four 125 HP Tractors (Bid Item #6 shown on the
tab sheet) is within 3% ($2,660 or 1.3%) of the low bid from a nonresident
bidder and included an Affidavit of Eligibility (included in Council
backup). Note that the staff is not recommending awarding the bid to
Scott Tractor & Equipment as a result of their falling within the 3%
threshold. Staff is, however, recommending the award of a portion of the
bid to Scott Tractor & Equipment due to the fact that their "all or nothing"
bid on items 5, 6 and 7 are less than the total of the three low bids from
other vendors for those same items.
Hurst Farm Supply submitted a bid using a Lubbock address that is
outside the city limits and their bid did not include a completed Affidavit
of Eligibility. The $43,963.24 bid from Hurst Farm Supply for Bid Item
#1 is $1,811.24 (or 4.3%) higher than the low bid from a nonresident
bidder. Consequently, Hurst Farm Supply's bid for Bid Item #1 does not
meet the statutory requirement for consideration of location of a bidder's
principal place of business because 1) their principal place of business is
not in the City of Lubbock and 2) their bid is not within 3% of the low bid
from the nonresident bidder. However, Hurst Farm Supply would like for
Council to consider awarding this bid item based on best value. If the
competitive sealed bidding requirement applies to the contract for goods
or services, the contract must be awarded to the lowest responsible bidder
or to the bidder who provides goods or services at the best value for the
municipality. In determining best value, the City may consider:
1) the purchase price;
2) the reputation of the bidder and of the bidder's goods or services;
3) the quality of the bidder's goods or services;
4) the extent to which the goods or services meet the municipality's
needs;
5) the bidder's past relationship with the municipality;
6) the impact on the ability of the municipality to comply with laws
and rules relating to contracting with historically underutilized
businesses and nonprofit organizations employing persons with
disabilities;
7) the total long-term cost to the municipality to acquire the bidder's
goods or services; and
8) any relevant criteria specifically listed in the request for bids or
proposals.
Hurst Farm Supply took an exception to the bid specification for Bid Item
#1. They offered a roller belt with a splice joint in lieu of the "endless"
design specified. According to the using department, the impact of a belt
with a splice joint may be adverse to the longevity of operation of this
equipment. Staff respectively disagrees with Hurst's position on this item,
but would point out that staff is recommending their product on item 3 as
it is low bid and meets specs.
The low bids are from the following companies:
Scott Tractor & Equipment of Lubbock, Texas $370,055.62
Abilene New Holland, Ltd. of Abilene, Texas $256,623.00
JMS Equipment Company of Plainview, Texas $ 42,152.00
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Page 403
Hurst Farm Supply of Lubbock, Texas $ 31,159.25
The low bids total $699,989.87 and are within the Land Application -Rent -
Lease Machinery Equipment budget.
(37.) Resolution No. 2002-110495/13I1) #223-02/RS—for Mobile Vacuum Oil
Regeneration System (Electric Distribution).
RESOLUTION NO. 2002-RO495
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a
mobile vacuum oil regeneration system, by and between the City of Lubbock and Ryan
Sales & Engineering c/o Enervac Corporation of Woodlands, Texas and related
documents. Said Purchase Order is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 14th day of November, 2002.
IS/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0495.
This bid is for the purchase of a mobile vacuum oil regeneration system
that will clean and de -gasify the substation transformer oils. Lubbock
Power & Light personnel will be cleaning and degasifying the substation
transformer oils, thus eliminating the high costs of outside contracting. By
having a regenerative clay system, the unit will be capable of being used
numerous cycles before the clay must be disposed. The regenerative
system produces disposable clay that is environmentally friendly.
The low bid is $197,621 from Ryan Sales & Engineering of Woodland,
Texas and is within the Capital Outlay -De -Gasification Unit budget.
(38.) Resolution No. 2002-R0496/BID #242-02/BM—for Installation of
Forty -Eight Inch Bore Under State Highway 84 and BNSF Railroad
(Public Works).
RESOLUTION NO.2002-RO496
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract to install a
forty-eight inch bore under State Highway 84 and BNSF Railroad, by and between the
City of Lubbock and Jack's Roadboring Pipeline Construction, Inc. of Snyder, Texas and
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Regular City Council Meeting
November 14, 2002
Page 404
related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0496.
This bid is for the construction of a bore under State Highway 84 and the
BNSF Railroad approximately two miles southeast of the city. The bore is
necessary to complete the expansion of the effluent water distribution
system from the City of Lubbock Southeast Water Reclamation Plant.
This bore is required in order to install an effluent pipeline and to connect
it to the existing stream discharge pipeline. The connection will help
achieve Texas Commission on Environmental Quality (TCEQ formerly
TNRCC) compliance for water discharge to the Lubbock and Hancock
Land Application Sites and is necessary for stream discharge. The current
method of discharge to the Land Application Sites needs to be
supplemented with stream discharge due to permit requirements, increased
nitrate concentrations in the groundwater at the Lubbock Land Application
Site, and the estimated increase in volume of discharge. The Ogallala
Aquifer, under the Land Application Site, has exceeded safe water
standards in certain areas and, consequently constitutes a threat to the
health and safety of employees and citizens. This project was bid as an
emergency and these improvements will reduce the land application of
effluent water at the above -mentioned sites.
The low bid is $140,000 from Jack's Roadboring Pipeline Construction,
Inc. of Snyder, Texas and is within the Installation of Bore Under State
Highway 84 and BNSF Railroad budget.
Staff recommended award of each bid to the bidder as indicated on the tab
sheets and award of each contract as shown on the resolutions and that the
Mayor be authorized to execute all documents necessary for each
transaction.
ORDINANCES FOR PASSAGE
Second Reading
(39.) ORDINANCE #2002-00122—ZONE CASE NO. 2952 (north of
Erskine Street and east of Slide Road): Request of Burl Masters (for
McDougal Construction) for a zoning change from R-1 to C-2, C-3,
A-2, R-2, and R-1 Specific Use for townhouses on an unplatted 106-
acre tract of land out of Section 5, Block J-S (second and final
reading).
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Regular City Council Meeting
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Page 405
ORDINANCE NO.2002-00122
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2952; A ZONING CHANGE FROM R-I TO C-2, C-3,
A-2, A-1, R-2, and R-I SPECIFIC USE ZONING ON AN UNPLATTED 106-ACRE
TRACT OF LAND OUT OF SECTION 5, BLOCK J-S, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Council Member Martin, seconded by Council
Member Cooke to pass on second and final reading Ordinance No.
2002-00122 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
(40.) ORDINANCE #2002-00123—Authorizing the Mayor to amend
Section 2-3 of the Code of Ordinances of the City of Lubbock with
regard to reinstating the Office of City Treasurer; discontinuing the
office of City Secretary -City "Treasurer; providing that financial
duties of the discontinued office shall be performed by the City
Treasurer and not the City's Director of Finance; and providing that
the secretarial duties shall continue to be provided by the Office of the
City Secretary (second and final reading).
ORDINANCE NO.2002-00123
AN ORDINANCE AMENDING SECTION 2-3 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
REINSTATING THE OFFICE OF CITY TREASURER; DISCONTINUING THE
OFFICE OF CITY SECRETARY -TREASURER; PROVIDING THAT FINANCIAL
DUTIES OF THE DISCONTINUED OFFICE SHALL BE PERFORMED BY A CITY
TREASURER AND NOT THE CITY'S DIRECTOR OF FINANCE; PROVIDING
THAT THE SECRETARIAL DUTIES OF THE DISCONTINUED OFFICE SHALL BE
CONTINUED TO BE PERFORMED BY THE CITY SECRETARY; PROVIDING AN
EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Motion was made by Council Member Boren, seconded by Council
Member Martin to pass on second and final reading Ordinance No.
2002-00123 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
DEVELOPMENT SERVICES
Aviation
(41.) Resolution No. 2002-RO497 authorizing the Mayor to execute a lease
agreement between the City of Lubbock and Coachella Valley
Aviation, Inc. for office space at Lubbock International Airport.
RESOLUTION NO. 2002-RO497
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and
between the City of Lubbock and the Coachella Valley Aviation, Inc. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 406
APPROVED AS TO CONTENT:
Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Amv L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0497.
Coachella Valley Aviation, Inc. is an aviation concern involved in aircraft
refurbishment, charter services, and fractional aircraft ownership. The
company is requesting to lease 768 square feet of improved office space at
the former Airways Facilities (AFS) building on the west side of Lubbock
International Airport for use as administrative offices. The lease has an
initial term of six months and may continue thereafter on a month -to -
month basis for a period of up to one year. The monthly rent to the City
for the leased premises will be $576 (equaling $6,912 per year).
Mark Earle, Director of Aviation, gave staff comments.
The Airport Board and staff recommended approval of this resolution
Motion was made by Council Member Martin, seconded by Council
Member Cooke to pass Resolution No. 2002-RO497 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Business Development
(42.) Resolution No. 2002-RO498 giving Notice of Intent to enter into a tax
abatement agreement with Frito Lay.
RESOLUTION NO.2002-RO498
WHEREAS, the City Council has determined to give notice of its intent to
enter into a Tax Abatement Agreement with Frito Lay; and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice
of intent of the City Council to be given to the presiding officer of
the governing body of each taxing unit in which the property to be
subject to the Tax Abatement Agreement is located; NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of
the City Council to enter into a Tax Abatement Agreement with Frito Lay, said notice to
be given to the presiding officers of each governing body of each taxing unit having
jurisdiction in assessing taxes on properties located at 3203 Avenue B (3302 Avenue A,
211 291h Street, 3206 Avenue A, 3104 Avenue A), 3102 Avenue B, 210 31" Street, 212
31st Street, 208 31", 206 31" Street, 225 301h Street, 221 30th Street, 219 30th Street and
213 30th Street in the City of Lubbock, Lubbock County, Texas and which is further
described as Tract A, E & D Burlington Industrial Addition; Tract B and South 59.89' of
Tract C Burlington Industrial Addition; Mid 120' of Tract C Burlington Industrial
Addition; Tract A Ruffles Addition; Lots One (1), Two (2), Three (3) & Four (4) J C
Brown Addition; and Block B Section 7 AB94 Tract F1, Tract C3A, Tract C313, and
Tract C31); City of Lubbock, Lubbock County, Texas.
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Regular City Council Meeting
November 14, 2002
Page 407
Passed by the City Council this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of the Notice is filed with Resolution No. 2002-R0498.
The City of Lubbock received an application for industrial tax abatement from
Frito Lay to expand and modernize their facility at 3203 Avenue B. The
facility is not located inside an Enterprise Zone, but the City Council has
created a Reinvestment Zone at the location of the existing plant. The second
reading of the ordinance creating the Frito Lay Reinvestment Zone was
approved at the October 24, 2002 City Council meeting.
The project for Frito Lay consists of the modernization and expansion of
the existing facility. The expected investment in the facility and
equipment is approximately $6.5 million. Since some of the projects are
internal, real property value is expected to increase an estimated $2
million as a result of the proposed capital projects.
Frito Lay will not increase their employment at this time, but will maintain
the 305 employees currently at the facility. The annual payroll for the
existing employees is $9.7 million. The average wage of the employees at
Frito Lay is approximately $32,000.
The project meets the Industrial Tax Abatement Policy and Guidelines
minimum of $500,000 investment in real estate improvements for an
existing company.
Market Lubbock considered this application at its October 16, 2002 Board
Meeting and has recommended a 10 year, declining scale tax abatement
(example: 1st year 100%, 2nd year 90%, etc.) for the project. The
abatement amount for the City of Lubbock is approximately (based on
expected increase in real property value of $2 million):
Year 1
100%
$11,400
Year 6
50%
K$5,:7:0:0�
Year 2
90%
$10,260
Year 7
40%
$ 4,560
Year 3
80%
$ 9,120
Year 8
30%
$ 3,420
Year 4
70%
$ 7,980
Year 9
20%
$ 2,280
Year 5
60%
$ 6,840
Year 10
10%
$ 1,140
The total city abatement over the life of the contract is $62,700. The total
county abatement over the life of the contract would be $33,424.
Frito Lay will invest $6.5 million in their existing facility, but the project
will increase real property value by an estimated $2 million.
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Regular City Council Meeting
November 14, 2002
Page 408
Under the current guidelines, Frito Lay is eligible and meets all the criteria
for tax abatement.
David Sharp, Market Lubbock, Inc., gave comments.
Staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Cooke to pass Resolution No. 2002-RO498 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(43.) Resolution No. 2002-RO499 giving Notice of Intent to enter into a tax
abatement agreement with Wilkerson Investment Co.
RESOLUTION NO.2002-RO499
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Wilkerson Investment Co.; and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the
City Council to be given to the presiding officer of the governing body of each taxing
unit in which the property to be subject to the Tax Abatement Agreement is located;
NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of
the City Council to enter into a Tax Abatement Agreement with Wilkerson Investment
Co.; said notice to be given to the presiding officers of each governing body of each
taxing unit having jurisdiction in assessing taxes on property located at 411 E. 661h Street
in the City of Lubbock, Lubbock County, Texas and being more particularly described as
Lot One (1), Slaton Highway Industrial Park, an addition to the City of Lubbock,
Lubbock County, Texas.
Passed by the City Council this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of the Notice is filed with Resolution No. 2002-R0499.
The City of Lubbock has received an application for commercial tax
abatement from Wilkerson Investments to build a new freight terminal
facility for Watkins Motor Lines at the northwest corner of 66ih Street and
Elm Avenue (411 East 661h Street) in the Lubbock 2000 South Enterprise
Zone.
The project meets the Commercial Tax Abatement Policy and Guidelines
minimum investment of $250,000. Total investment in the project will be
approximately $500,000. This facility will create approximately 2 new
jobs over the next 6 to 8 months.
Regular City Council Meeting
November 14, 2002
Page 409
Market Lubbock considered this application at its October 16, 2002 Board
Meeting and have recommended a 5 year, declining scale tax abatement
(example: ls` year 100%, 2°d year 80%, etc) for the project. The
abatement amount for the City of Lubbock is approximately:
Year 1
1009%
$2,850
Year 2
90%
$2,280
Year 3
80%
$1,710
Year 4
700ro
$1,140
Year 5
60%
$ 570
The estimated total city abatement over the life of the contract is $8,550.
The estimated total county abatement over the life of the contract would
be $4,558.
The project will add $500,000 in new value to the tax base in the South
Enterprise Zone.
Under the current guidelines, Wilkerson Investment Co. is eligible and
meets all the criteria for tax abatement.
David Sharp, Market Lubbock, Inc., gave comments.
Staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on Resolution No. 2002-R0499 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(44.) Resolution No. 2002-R0500 nominating Tyco Fire Products, LP for
Enterprise Zone Project Designation.
RESOLUTION NO.2002-R0500
WHEREAS, Texas Economic Development ("Agency") designated the Lubbock
International Airport Enterprise Zone (the "Zone") on January 29, 1998; and
WHEREAS, Agency will consider Tyco Fire Products, LP as an enterprise project
pursuant to a nomination and an application made by the City of Lubbock, Texas (the
"City"); and
WHEREAS, the City desires to pursue the creation of the proper economic and
social environment in order to induce the investment of private resources in productive
business enterprises located in the Zone and to provide employment to residents of the
Zone and to other economically disadvantaged individuals; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise
Zone Act, Texas Government Code (the "Act"), Tyco Fire Products, LP has applied to
the City for designation as an enterprise zone project; and
WHEREAS, the City finds that Tyco Fire Products, LP meets the criteria for
designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the
following grounds:
1. Tyco Fire Products, LP is a "qualified business" under Section 2303.402 of
the Act since it will be engaged in the active conduct of a trade or business in
the Zone and at least twenty-five percent (25.0%) of the business' new
employees will be residents of a Zone within the City's jurisdiction or
economically disadvantaged individuals;
2. Tyco Fire Products, LP is located in the Zone, or has made substantial
commitment to locate in the Zone, which has an unemployment rate of not
less than one and one-half (1 %2) times the state unemployment rate;
3. There has been and will continue to be a high level of cooperation between
public, private, and neighborhood entities within the Zone; and
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Regular City Council Meeting
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Page 410
4. The designation of Tyco Fire Products, LP as an enterprise project will
contribute significantly to the achievement of the plans of the City for
development and revitalization of the Zone.
WHEREAS, the City finds that Tyco Fire Products, LP meets the criteria for tax
relief on other incentives adopted by the City and nominates Tyco Fire Products, LP on
the grounds that it will be located wholly within the Zone, will create a higher level of
employment, economic activity and stability; and
WHEREAS, the City finds that it is in the best interests of the City to nominate
Tyco Fire Products, LP as an enterprise project pursuant to the Act; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That the findings of the City and its actions approving this resolution taken at the council
meeting are hereby approved and adopted.
BE IT FURTHER RESOLVED that Tyco Fire Products, LP is a "qualified business", as
defined in Section 2303.402 of the Act, and meets the criteria for designation as an
enterprise project, as set forth in Section 2303, Subchapter F of the Act.
BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of
designation of the enterprise project by the agency and terminate five (5) years after that
date of designation.
PASSED BY THE CITY COUNCIL of the City of Lubbock this 14th day
of November, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
Tyco Fire Products, LP has requested that the City of Lubbock City
Council apply to the Texas Department of Economic Development for
designation of their business as an Enterprise Zone Project. In order to
nominate Tyco for project designation, a resolution has to be passed by the
City Council and an application submitted to the Texas Department of
Economic Development. This designation allows the company to access
state enterprise zone incentives. The project application must be
submitted by the governing body of the enterprise zone on behalf of the
qualified business.
Tyco Fire Products is a manufacturer of fire protection devices such as
sprinkler heads, valves, fittings, and plastic piping products. The
company's products are used in commercial, residential and industrial
applications. Tyco Fire Products operates manufacturing facilities in
Lubbock, Texas; Anniston and Huntsville, Alabama along with
selling/distribution facilities located in Lubbock, Texas; Dallas, Texas and
fifteen other locations around the United States.
The company's featured products, sprinkler heads, are currently
manufactured in Lubbock, Texas and Lansdale, Pennsylvania. In an effort
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Regular City Council Meeting
November 14, 2002
Page 411
to boost efficiencies and lower costs, the company undertook a plant
consolidation study in 2001. Based upon several factors, including cost
and availability of labor, logistics, and Tyco's long-standing relationship
with the City of Lubbock, it was decided to move all of their Pennsylvania
production to Lubbock, Texas.
The consolidation of production facilities requires the company to
construct a new manufacturing plant. The plant is being constructed in the
Lubbock International Airport Enterprise Zone. When completed, the
facility will be a 250,000 square foot "state-of-the-art" manufacturing site
representing the largest sprinkler head manufacturing facility in the world.
The total projected cost of this project is $19,400,000, with the building,
building improvements, and miscellaneous equipment costing
$13,400,000 and associated move/consolidation costs totaling $6,000,000.
Additionally, the company has tentative plans to commit approximately
$9,000,000 over the next three years in the way of new capital equipment.
The Lubbock facility currently employs 369 employees. The company is
projecting that the consolidation project will create 225 additional full-
time jobs. Furthermore, it is projected that an additional 100 employees
will be added during the five-year designation period.
The City can only nominate Tyco Fire Products for project designation.
Once the application has been filed, the Texas Department of Economic
Development will make a decision whether to grant the project
designation. These designations are made on a competitive basis.
Market Lubbock, Inc. considered this in their proposal process to Tyco
and recommended that the City of Lubbock support the designation of
Tyco Fire Products, LP as an Enterprise Zone Project.
This project will aid in obtaining the objective of the City, which is to
create the proper economic and social environment to induce investment
of private resources in productive business enterprises. This project will
be the first in the Lubbock International Airport Enterprise Zone.
David Sharp, Market Lubbock, Inc., gave comments.
Staff recommended approval of this resolution.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass on Resolution No. 2002-RO500 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
MISCELLANEOUS
Other
(45.) Resolution No. 2002-RO501 creating a Student -Community
Committee between Texas Tech University and the City of Lubbock.
RESOLUTION NO.2002-RO501
WHEREAS, the City Council finds that it is important for the City of Lubbock
and Texas Tech University to take actions to foster positive collegiate and community
relations; and
WHEREAS, the City Council further finds that the creation of a joint committee
composed of Lubbock citizens and student members of the Texas Tech Student
Government Association to open communications and dialogue in addressing common
issues and mutual goals shared by the City and the Student Government Association will
benefit both entities; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a temporary joint committee to be called the
Student -Community Committee is hereby created.
SECTION 2. THAT the Committee shall be composed of eight members, with
four to be selected by the Student Government Association and four to be selected by the
Mayor of the City of Lubbock. The term of office for the Committee's members shall be
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Regular City Council Meeting
November 14, 2002
Page 412
two years. In addition, a designated representative from the Student Government
Association and from the Mayor shall serve as facilitators for meetings and shall mediate
any issues that cannot be resolved by Committee members.
SECTION 3. THAT the Committee shall meet once a month in locations that
alternated between Texas Tech University and the City of Lubbock. The days and times
of meetings shall be at the convenience of the Committee. Notice of meetings shall be
given in accordance with the Texas Open Meetings Act.
SECTION 4. THAT topics for discussion and resolution may be originated by the
Student Government Association, the Mayor's office or by committee members.
Passed by the City Council this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Goodwin
Bob Goodwin, Corporate Communications Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
On September 17, 2002, representatives of the Texas Tech University
Student Association made a presentation to the Lubbock City Council
during work session. During that presentation, the creation of a Student -
Community Committee to open communication and dialogue among
various parties was proposed. Subsequently, the Student Association and
Mayor McDougal agreed to the following general framework for the
Student -Community Committee.
The Student -Community Committee shall be composed of eight members
- four selected by the Student Association and four selected by the Mayor.
The term of office for the committee members shall be for two years. A
designated representative from the Student Association and a designated
representative from the Mayor shall serve as facilitators for meetings and
they shall mediate any issues that cannot be resolved by committee
members.
The Student -Community Committee shall convene in public open
meetings once a month in locations that alternate between Texas Tech
University and the City of Lubbock. Meeting days and times are to be at
the convenience of the committee members.
Leigh Mauer, Vice President of External Affairs of the Texas Tech
Student Association, thanked Mayor McDougal for his interest in this
committee and Council for their consideration.
Staff recommended approval of this resolution.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on Resolution No. 2002-R0501 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Next item to be considered was Item 47.
EA§W)
Regular City Council Meeting
November 14, 2002
Page 413
(46.) Resolution No. 2002-RO476 to name the City of Lubbock Emergency
Operations Center in honor of William J. "Bill" Payne (William J.
"Bill" Payne Emergency Operations Center).
RESOLUTION NO.2002-RO476
WHEREAS: William J. "Bill" Payne is a distinguished former City of Lubbock
employee who faithfully served the citizens of Lubbock for 38 years beginning as a Fire
Fighter in 1952, and holding the positions of Assistant Planner, Director of Civil Defense,
Director of Communications, Director of Administrative Services, Interim Assistant City
Manager, Director of Building Services, and Director of Communication Services; and,
WHEREAS: William J. "Bill" Payne developed the emergency management plan
that was in force during the May 11, 1970 tornado, and continues to serve as the
foundation for the City of Lubbock's current emergency management plan; and
WHEREAS: William J. "Bill" Payne was the Director of Civil Defense for the
City of Lubbock during the May 11, 1970 tornado and was instrumental in organizing
and leading Lubbock's response and recovery activities for the disaster; and
WHEREAS: It is appropriate for the City Council to recognize William J. "Bill"
Payne for his outstanding contributions, service and dedication to ensuring the safety of
the citizens of our great city; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock, Texas, hereby
names the City of Lubbock Emergency Operations Center located in the Municipal
Square Building at 916 Texas Avenue as the William J. "Bill" Payne Emergency
Operations Center.
SECTION 2. THAT there shall be a plaque hung outside the Emergency
Operations Center with the name, William J. "Bill" Payne Emergency Operations Center,
and that it shall also read, "In appreciation and gratitude for 38 years of dedicated service
to the citizens of Lubbock, Texas, before, during, and after the tornado on May 11,
1970."
SECTION 3. THAT the City Manager, or his designee, shall provide a copy of
this Resolution to William J. "Bill" Payne upon its passage.
Passed by the City Council on this 14th day of November, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson, Emergency Management Coordinator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
This was the first item considered.
William J. "Bill" Payne is a distinguished former City of Lubbock
employee. Bill began his 38-years career with the City as a Lubbock Fire
Fighter in 1952, and he held a number of positions during his tenure that
greatly benefited our community including Director of Civil Defense,
Director of Administrative Services and Interim Assistant City Manager.
Bill developed the emergency management plan that was in force during
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Regular City Council Meeting
November 14, 2002
Page 414
the May 11, 1970 tornado, which serves as the foundation for the City of
Lubbock's current emergency management plan. In addition, Bill was the
Director of Civil Defense during the May 11, 1970 tornado, and he was
instrumental in organizing and leading Lubbock's response to and
recovery from the disaster. The City of Lubbock is grateful to Bill for his
outstanding service and believes it appropriate to recognize this service by
naming the Emergency Operations Center (EOC) in his honor. The EOC
will be named the William J. "Bill" Payne Emergency Operations Center,
and a plaque outside the EOC will read, "In appreciation and gratitude for
38 years of dedicated service to the citizens of Lubbock, Texas, before,
during, and after the tornado on May 11, 1970."
Council Member Tom Martin read the proclamation concerning the new
center.
Mr. Payne and his wife, Helen, were present to accept the proclamation.
He spoke and expressed his surprise and delight in receiving this honor.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass Resolution No. 2002-R0476 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Next item to be considered was Item 10.
(47.) Consider one appointment to the Appointments Advisory Board.
This item was considered following Item 45.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to reappoint George Paul to the Appointments
Advisory Board. Motion carried: 6 Yeas, 0 Nays.
(48.) Consider one appointment to the Board of Electrical Examiners.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Bobby Little to the Board of Electrical
Examiners. Motion carried: 6 Yeas, 0 Nays.
(49.) Consider three appointments to the Building Board of Appeals.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Bruce Thornton and reappoint Andrew
Hutchison and Andrew Tolbert to the Building Board of Appeals. Motion
carried: 6 Yeas, 0 Nays.
(50.) Consider three appointments to the Culture & Arts Commission.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Mary Crites and reappoint James Douglass
and Don Kittrell to the Culture & Arts Commission. Motion carried: 6
Yeas, 0 Nays.
(51.) Consider five appointments to the Planning & Zoning Commission.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Jerry Bell and reappoint Paul Goebel,
Marianne Overton, Gary Rothwell and Edward Williams to the Planning
& Zoning Commission. Motion carried: 6 Yeas, 0 Nays.
(52.) Consider three appointments to the Structural Standards
Commission.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint Dennis Dillon, Margaret Aguilar and Bill
Cantrell and reappoint Mary Trevino to the Structural Standards
Commission. Motion carried: 6 Yeas, 0 Nays.
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November 14, 2002
Page 415
(53.) Consider one appointment to the Youth Commission —Adults.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to appoint David Pruett to the Youth Commission -
Adults. Motion carried: 6 Yeas, 0 Nays.
(54.) Consider one appointment to the Arts Alliance, Inc. Grants Review
Committee.
This item was deleted.
(55.) Consider appointments to the Citizen Advisory Committee and
Subcommittees.
This item was deleted.
10:34 A. M. CITY COUNCIL RECESSED BACK TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Council Member
Hernandez.
11:30 A. M. CITY COUNCIL WORK SESSION CONVENED
EOC, LOTH & Texas Avenue
All council members were present except Council Member
Hernandez.
(56.) Tour of the Emergency Operations Center and briefmg on the
functions of the EOC followed by lunch.
No Council action was required.
1:20 P. M. CITY COUNCIL WORK SESSION CONTINUED
Committee Room 103
All council members were present except Council Member
Hernandez.
(57.) Discuss City Treasurer position.
At its last Council meeting, Council took the initial step, which will result
in the reinstitution of the City Treasurer position. Staff was directed to
place an item on work session in order that Council might work on a job
description for this particular position.
Council Member Martin passed out a handout with information as follows:
"CREATION OF CITY TREASURER
November 14, 2002
SCOPE OF OFFICE:
The City Treasurer serves as the Chief Financial Officer of the
City. The Treasurer would manage and have responsibility for the
following existing city departments, cost centers, functions that will
organizationally report to the Treasurer:
Finance
Investments/Debt
Accounting
Payroll
Purchasing
Risk Management/Insurance
Internal Audit
DUTIES:
The City Treasurer serves as the Chief Financial Officer of the
City and:
i. certifies the availability of funds prior to City
Council approval of city commitments
ii. processes and monitors disbursements and
receivables
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November 14, 2002
Page 416
iii. invests city funds
iv. conducts internal financial, operational,
investigative and compliance audits of city
departments, grant programs and franchises
V. operates and maintains the financial management
and accounting system
vi. conducts the sale of bonds and debt instruments
vii. purchases goods and services for city departments
viii. purchases insurance for city assets, officials, and
liabilities
ix. purchases, and monitors the administration of,
insurance programs for employee health and other
benefits
X. produces the annual comprehensive financial report.
QUALIFICATIONS:
The City Treasurer will be a Certified Public Accountant with a
Masters degree in Business Administration, or a juris doctor with a CPA,
CIA or other relevant certification. The Treasurer should have a minimum
of 15 years professional experience in the public or private sector, and a
proven track record of managing large financial operations. The Treasurer
will have to successfully pass an extensive background investigation.
Experience in the electric, natural gas or water utility business will be a
Plus."
City Manager Bob Cass asked if the individuals mentioned would be
employees of the City Manager or the City Treasurer?
City Attorney Anita Burgess stated the City Treasurer, City Secretary and
City Attorney, are direct reports to the City Council. Each of those
positions are recommended by the City Manager, and they then become
actual employees of the City Council. But the question is whether people
that work for these three individuals actually belong to the City Manager
or do they belong to those departments? She stated there has been some
divided discussion even in the City Attorney's office; because the Charter
specifically says, but for those three other positions, the employees in the
City are employees of the City Manager and report to the City Manager.
That's one side of the coin. The other side however is the notion that the
staff of the City Attorney, or the staff of the City Treasurer, or the staff of
the City Secretary are really part of the persona of that person and they
couldn't function without that staff. So they are really one and the same.
City Attorney Burgess further stated "there's two arguments and I can't
say with absolute definity were we to go into litigation, or something such
as that regarding this matter, or declaratory judgment action or something
such as that, what a court would ultimately decide. I think there's
certainly two arguments there."
City Manager Bob Cass emphasized he was asking the question mainly for
clarity. He and Ms. Burgess had always treated the relationship, as well as
Becky Garza, the City Secretary, that those employees are theirs. They
make all personnel decisions. Drawing the web, the circle is much larger.
You have personnel matters, grievances and those types of things. At
some point, clarity is needed regarding those kinds of issues just to make
sure the lines of authority are understood. He stated he did not anticipate
any problem in terms of territoriality; he just wanted to be certain,
especially when getting into employment kinds of issues.
Council Member Martin stated as follows: "I think the operative words in
this particular thing I have written up here is the first sentence: The City
Treasurer serves as the Chief Financial Officer of the City. We have had
quite a few discussions at the dais in the last few months about the issues
of corporate governance and how this municipal corporation should be
governed. And the model in the business world is to have a Chief
Executive Officer, that's Mr. Cass. To have a Chief Financial Officer, a
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November 14, 2002
Page 417
Chief Legal Officer and in some cases, a Chief Information Officer.
That's relatively new in the annals of business. All of which are positions
that require the Board of Directors to approve the hiring and firing of
those positions. Certainly, the CEO is still responsible for the overall the
operation of the corporation. And I think we are saying the same things
that we just said a moment ago. I see no conflict with the fact that once
appointed by the Council, that the staff of these various functions basically
all still are responsible to the Chief Executive Officer. And I think that's
what my intent is, is I think the Board of Directors, in this case, the City
Council, should have direct control of the appointment of the person who
is going to manage and be responsible for our money, our accounting, our
auditing, all the things that go into the financial operation of the City. And
I just might say one further thing: If we get into this and find out there's
some reason why because of the language in the charter that we can't do
this, I don't mind calling for a charter election. And let's amend the
charter and get it specific if that's a problem about employees of a council
directed or a council hired person having direct authority over their
employees, if that's a big issue. There's a lot of other issues that I think
that might be worthy, but I'm not prepared to discuss those today that
might need changing in our charter. And it's been a number years since
the charter was last amended. But I simply point out that the overall
issues in this particular creation of the City Treasurer is the issue of
corporate governance."
Mayor McDougal stated he would be appointing a committee of between
eight and eleven members that will serve as the City Treasurer search
committee. He asked if that was a function of the City Council or a
function of the City Manager.
After discussion, Mayor McDougal stated that City Manager Cass would
work with the search committee in order to make a recommendation to the
Council. He also stated the above outline would be mostly what was
going to be used, but that City Manager Cass and the committee would
fine tune qualifications. Human Resources will be asked to do the
legwork.
1:41 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
3:16 P M. CITY COUNCIL RECONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
3:16 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor
McDougal adjourned the meeting.
Read and approved thi$ mil day �
C CDO GAL, MAYOR
ATTEST:
Rebecca Garza, City Secreta y
417